How does the USPTO determine whether to institute a derivation proceeding?

The U.S. Patent and Trademark Office (USPTO) follows specific criteria to determine whether to institute a derivation proceeding. According to MPEP 2310:

“The petition, and any supplemental information filed, will be reviewed to determine whether they set forth a basis for instituting a derivation proceeding.“

The USPTO considers several factors, including:

• Whether the petition is filed within the required time limit
• If the petition demonstrates that the claimed invention was derived from an inventor named in the petitioner’s application
• The sufficiency of the evidence provided to support the derivation claim

The Director of the USPTO makes the final decision on whether to institute the proceeding based on these considerations.

To learn more:

• derivation proceeding
• USPTO
• institution criteria
• patent petition